More information is needed. The terms of his detention needed to be investigated. If he was "summarily removed," then he may be charged with a Federal crime known as "unlawful re-entry." An experienced immigration attorney will need to take the time to investigate the situation. This may require a Freedom of Information Act Request, which can take a while. He may not even be entitled to an permanent resident status and may have to prove he was out of the U.S. for at least ten years, before re-filing, but this is unclear.
I strongly recommend that you both schedule an appointment with a candid and experienced immigration attorney. Our office is in Chicago. There may be hope.
However, it may take quite a bit of time and planning. Sometimes, sudden decisions can result in lasting consequences. The U.S. Immigration laws can be very unforgiving.
The above is general information and does not create an attorney client relationship.
His departure and unlawful reentry in 2005 may mean he is subject to a permanent bar from immigrating under current law. On the other hand, this might be waived if he is eligible for U visa status that is available to certain crime victims. Our office does a fair number of U visa applications. It can be a godsend. Do both of yourselves a favor and invest in competent legal counsel.
Scott D. Pollock
Scott D. Pollock & Associates, P.C.
105 W. Madison, Suite 2200
Chicago, IL 60602
fax: (312) 444-1950
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